Lam et al v. City and County of San Francisco et al

Filing 119

ORDER by Judge Hamilton Denying 115 Motion to Continue Hearing Date (pjhlc2, COURT STAFF) (Filed on 4/9/2010)

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1 2 3 4 5 6 7 8 9 10 v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. _______________________________/ Before the court are plaintiffs' motion for administrative relief in order to continue the April 21 hearing on defendants' motion to dismiss, and the parties' corresponding stipulation to continue the same hearing. The filing of both was occasioned by the untimely filing of an opposition brief by plaintiffs. Instead of filing the opposition brief on March 30, as required by the local rules, plaintiffs filed their opposition brief one week late, on April 7 thereby preventing defendants from filing a timely reply brief. Having reviewed the parties' papers, however, the court hereby DENIES the motion to continue the hearing date. It is counsel's responsibility to remain apprised of all courtimposed deadlines, and given the voluminous law and motion calendar already scheduled for the months of April and May, the court cannot effectively accommodate plaintiffs' newly proposed hearing date of April 28. In order to prevent undue prejudice to defendants, however, the court hereby grants defendants until April 14, 2010, on which to file their reply brief. The court recognizes that this presents defendants with a shortened time frame in which to file their reply. Nonetheless, in view of the limited nature of the legal issues presented by way of defendants' motion and plaintiffs' opposition brief, the court finds that even this shortened ALFRED LAM, et al., Plaintiffs, No. C 08-4702 PJH ORDER DENYING MOTION TO CONTINUE HEARING DATE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 time frame is sufficient to allow defendants to adequately prepare their reply. Accordingly, the hearing will take place as scheduled, on April 21, 2010. IT IS SO ORDERED. Dated: April 9, 2010 ______________________________ PHYLLIS J. HAMILTON United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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